Nn Appeal On Direct Election Of Mayor Is Rejected

NEWPORT NEWS — The U.S. Justice Department has refused to reverse its 6-month-old ruling that denies city residents the right to elect their mayor directly.

In a letter this week to the city attorney's office, Assistant Attorney General James P. Turner said data provided in the city's appeal, designed to prove the change would not hurt black candidates, was not convincing enough to warrant a reversal.

City Council members now must decide whether to take the Justice Department to court over the ruling, a process that could take years and cost taxpayers hundreds of thousands of dollars.

"I have not ruled out the idea of having a public hearing on the matter," Councilman Barry DuVal said. "It looks like our only alternative in getting it approved is going to court. It could be that it's going to cost $1 million, and I'd like to hear from the public if it's worth that."

In 1987, 85 percent of city voters approved a charter change to allow the mayor to be elected directly. Currently, residents elect seven council members, who then choose a mayor from among themselves.

City officials assumed that the change would be in place for the upcoming May election. But last July, the Justice Department rejected it, saying that isolating one council seat every four years for the mayor's race would hurt black candidates who, the department contends, already have a tough time getting elected to the council. Two of the seven current council members are black.

City officials appealed. They gathered data to show that black candidates have been successful and that changing the system would not be discriminatory. They solicited comments from community leaders who supported the direct election.

The city also contacted its three congressmen - Rep. Herbert R. Bateman and Sens. Charles S. Robb and John Warner.

Councilwoman Margaret W. Keator said the council sent letters, drafted by Councilman Donald N. Patten, that outlined the city's position and asked the congressmen to intervene. Keator said Thursday she was not aware if they had done so.

None of the congressmen could be reached for comment Thursday, but Larry Hart, Bateman's press secretary, said the three congressmen did sign a letter in December urging the Justice Department to "expedite" its response to the appeal.

The letter did not, however, encourage the department to reverse the ruling. Hart said he believed that Bateman, at least, felt that it was a question of legality and mainly wanted to make sure the city wasn't kept waiting.

Officials are unsure whether the direct mayoral election would have been held this year if the department had reversed the ruling this week instead of upholding it. The deadline for candidates to file is March 6, and several people already have declared their candidacy under the existing council system.

Vice Mayor Joe S. Frank said he was disappointed but not surprised by the latest rejection and said he wants to hear from the public before the council decides its next move.

Frank and Keator said that if the city does decide to pursue the issue in U.S. District Court in Washington, they believe an outside law firm would be needed. They are awaiting a report from the city attorney's office as to how much that might cost.

"Quite frankly, we don't have the manpower in the city attorney's office" to handle the case, Keator said.